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State Overtime Rules & Premium Pay Laws

This is a synthesis of the U.S. Department of Labor report of premium pay rules for each U.S. state and territory as of January 01, 2015. In addition to state law, the federal overtime pay rule often applies so that employee hours worked in excess of 40 in a workweek are to be paid at a rate not less than time and one-half their regular rate of pay.

A

Alabama

Daily Overtime:

NA

Weekly Overtime:

NA

Alaska

Under a voluntary flexible work hour plan approved by the Alaska Department of Labor, a 10 hour day, 40 hour workweek may be instituted with premium pay after 10 hours a day instead of after 8 hours. The premium overtime pay requirement on either a daily or weekly basis is not applicable to employers of fewer than 4 employees.

Daily Overtime:

Weekly Overtime:

Daily Overtime:

Varies

Weekly Overtime:

Varies

Arizona

Daily Overtime:

NA

Weekly Overtime:

NA

Arkansas

Applicable to employers of 4 or more employees.

Daily Overtime:

NA

Weekly Overtime:

40

C

California

Any work in excess of eight hours in one workday and any work in excess of 40 hours in one workweek and the first eight hours worked on the seventh day of work in any one workweek shall be at the rate of one and one-half times the regular rate of pay. Any work in excess of 12 hours in one day and any work in excess of eight hours on any seventh day of a workweek shall be paid no less than twice the regular rate of pay. California Labor Code section 310. Exceptions apply to an employee working pursuant to an alternative workweek adopted pursuant to applicable Labor Code sections and for time spent commuting. (See Labor Code sections 510 for exceptions).

Daily Overtime:

8

Weekly Overtime:

40

Colorado

Minimum wage rate and overtime provisions applicable to retail and service, commercial support service, food and beverage, and health and medical industries.

Daily Overtime:

12

Weekly Overtime:

40

Connecticut

In restaurants and hotel restaurants, for the 7th consecutive day of work, premium pay is required at time and one half the minimum rate. The Connecticut minimum wage rate automatically increases to 0.5 percent above the rate set in the Fair Labor Standards Act if the federal minimum wage rate equals or becomes higher than the State minimum.

Daily Overtime:

NA

Weekly Overtime:

40

D

Delaware

Daily Overtime:

NA

Weekly Overtime:

NA

District of Columbia

Daily Overtime:

NA

Weekly Overtime:

40

F

Florida

Daily Overtime:

NA

Weekly Overtime:

NA

G

Georga

Applicable to employers of 6 or more employees.

Daily Overtime:

NA

Weekly Overtime:

NA

Guam

Daily Overtime:

NA

Weekly Overtime:

40

H

Hawaii

Daily Overtime:

NA

Weekly Overtime:

40

I

Idaho

Daily Overtime:

NA

Weekly Overtime:

NA

Illinois

Applicable to employers of 4 or more employees, excluding family members.

Daily Overtime:

NA

Weekly Overtime:

40

Indiana

Applicable to employers of 2 or more employees.

Daily Overtime:

NA

Weekly Overtime:

40

Iowa

Daily Overtime:

NA

Weekly Overtime:

NA

K

Kansas

Daily Overtime:

NA

Weekly Overtime:

46

Kentucky

The 7th day overtime law, which is separate from the minimum wage law differs in coverage from that in the minimum wage law and requires premium pay on the seventh day for those employees who work seven days in any one workweek. Compensating time in lieu of overtime is allowed upon written request by an employee of any county, charter county, consolidated local government, or urban-county government, including an employee of a county-elected official.

Daily Overtime:

NA

Weekly Overtime:

40 & 7th Day

L

Louisana

Daily Overtime:

NA

Weekly Overtime:

NA

M

Maine

Daily Overtime:

NA

Weekly Overtime:

40

Maryland

Daily Overtime:

NA

Weekly Overtime:

40

Massachusetts

Daily Overtime:

NA

Weekly Overtime:

40

Michigan

Applicable to employers of 2 or more employees.

Daily Overtime:

NA

Weekly Overtime:

40

Minnesota

Daily Overtime:

NA

Weekly Overtime:

48

Mississippi

Daily Overtime:

NA

Weekly Overtime:

NA

Missouri

In addition to the exemption for federally covered employment, the law exempts, among others, employees of a retail or service business with gross annual sales or business done of less than $500,000. Premium pay required after 52 hours in seasonal amusement or recreation businesses.

Daily Overtime:

NA

Weekly Overtime:

40

Montana

State Law - Except businesses with gross annual sales of $110,000 or less.

Daily Overtime:

NA

Weekly Overtime:

40

N

Nebraska

Daily Overtime:

NA

Weekly Overtime:

NA

Nevada

The premium overtime pay requirement on either a daily or weekly basis is not applicable to employees who are compensated at not less than one and one-half times the minimum rate or to employees of enterprises having a gross annual sales volume of less than $250,000.

Daily Overtime:

8

Weekly Overtime:

40

New Hampshire

State Law - Except businesses with gross annual sales of $110,000 or less.

Daily Overtime:

NA

Weekly Overtime:

40

New Jersey

State Law - Except businesses with gross annual sales of $110,000 or less.

Daily Overtime:

NA

Weekly Overtime:

40

New Mexico

State Law - Except businesses with gross annual sales of $110,000 or less.

Daily Overtime:

NA

Weekly Overtime:

40

New York

Employees receive 1 hour’s pay at minimum wage rate in addition to owed wages when spread of hours exceeds 10 hours, there is a split shift, or both.

Daily Overtime:

NA

Weekly Overtime:

40

North Carolina

Premium pay is required after 45 hours a week in seasonal amusements or recreational establishments.

Daily Overtime:

Weekly Overtime:

P

Daily Overtime:

Weekly Overtime:

Daily Overtime:

Weekly Overtime:

R

Time and one-half premium pay for work on Sundays and holidays in retail and certain other businesses is required under two laws that are separate from the minimum wage law.

Daily Overtime:

NA

Weekly Overtime:

40

S

South Carolina

Daily Overtime:

NA

Weekly Overtime:

NA

South Dakota

Daily Overtime:

NA

Weekly Overtime:

NA

T

Tennessee

Daily Overtime:

NA

Weekly Overtime:

NA

Texas

Daily Overtime:

NA

Weekly Overtime:

NA

U

Utah

Daily Overtime:

NA

Weekly Overtime:

NA

V

Vermont

Applicable to employers of 2 or more employees. The State overtime pay provision has very limited application because it exempts numerous types of establishments, such as retail and service; seasonal amusement/recreation; hotels, motels, restaurants; and transportation employees to whom the Federal (FLSA) overtime provision does not apply.

Daily Overtime:

NA

Weekly Overtime:

40

Virginia

Applicable to employers of 4 or more employees.

Daily Overtime:

NA

Weekly Overtime:

NA

Virgin Islands

Except businesses with gross annual receipts of less than $150,000.

Daily Overtime:

8

Weekly Overtime:

40 On 6th & 7th consecutive days

W

Washington

Premium pay not applicable to employees who request compensating time off in lieu of premium pay.

Daily Overtime:

NA

Weekly Overtime:

40

West Virginia

Applicable to employers of 6 or more employees at one location.

Daily Overtime:

NA

Weekly Overtime:

40

Wisconsin

Daily Overtime:

NA

Weekly Overtime:

40

Wyoming

Daily Overtime:

NA

Weekly Overtime:

NA

​Redcort Software Inc. assumes no liability and makes no warranties on or for the information contained on these pages. The information presented is intended for reference only and is neither tax nor legal advice. Consult a professional tax, legal or other advisor to verify this information and determine if and/or how it may apply to your particular situation.